Last Updated on October 4, 2024
Everyone jaywalks sometimes, but statistics show that Black pedestrians are stopped and ticketed for this crime at dramatically higher rates than people of other races. To end these discriminatory acts, California legalized jaywalking in 2023, as long as pedestrians take reasonable precautions to cross the street safely. Despite some criticism by law enforcement officials who believed the law would result in more dangerous roads, the “Freedom to Walk Act” continues to be praised by criminal justice advocates.
What is Jaywalking Exactly?
Jaywalking occurs when someone walks across a street at an intersection without using a crosswalk or crosses at a crosswalk against a red light or a red hand. In most places, jaywalking is still illegal, but Virginia, California, and Nevada have all decriminalized the act. Note that this does not make it legal to jaywalk; however, it does make it that police cannot issue tickets if it is done safely.
When is Jaywalking Illegal in California?
Crossing a street outside of a crosswalk or failing to obey traffic signals is legal, but only if there is no “immediate hazard.” An immediate hazard is a subjective standard, but the law defines it as a situation when a vehicle is so near or approaching so fast that a careful person would realize there is a danger. In other words, crossing the street in front of an oncoming car is still illegal and considered jaywalking because it’s dangerous; however, crossing against a red light or in the middle of the road is legal under California law, as long as no cars are coming.
Why Change the Law?
First, jaywalking laws have been shown not actually to improve the safety of roads. Studies show that ticketing people for jaywalking has not reduced traffic fatalities. Under the new law, recklessly crossing the street with cars coming is still a crime, but there is no reason people should not be able to cross when no cars are coming.
When many people jaywalk in an area, it is ultimately an indication that local infrastructure is not well-designed for pedestrians. In many major cities and rural areas, pedestrians may need to walk a quarter of a mile or more just to find an acceptable crosswalk. Jaywalking laws discourage people from walking, which is detrimental to the environment and public health.
And both because of police biases and the simple fact that poor infrastructure is more common in low-income neighborhoods, jaywalking tickets are more frequently issued to African Americans than any other race. LAist found that the LAPD issued 32% of all jaywalking tickets to Black people, even though they made up only 9% of the area’s total population. It is always problematic to have already over-policed populations be subjected to pointless pretext stops that provide police an opportunity to fish for additional reasons to search or arrest a person of color.
Even if they do not result in additional charges or a search of personal property, these pretext stops increase tensions between minorities and police officers. In some cases, these situations even result in injuries or death if a person attempts to fight back against what they see as an unjustified attempt to investigate them for a minor infraction. In that way, eliminating jaywalking laws may make the state safer.
Beyond that, in California, the fine for jaywalking was only $20; however, the total fine, after court fees and other charges, ended up costing nearly $200. When jaywalking was illegal, the brunt of this financial burden was disproportionately forced upon those in low-income communities.
Why is it Called Jaywalking?
Despite what you may think, jaywalking laws were never created to help keep pedestrians safe, but to help the auto industry blame vehicle-on-pedestrian accidents on people who were walking rather than the drivers. In fact, the term “jaywalking” comes from the word “jay,” an early 20th-century insult for an empty-headed idiot —an easy way to make a pedestrian involved in an auto accident seem like a dumb meanderer rather than a victim.
Interestingly, America’s jaywalking laws have changed little since they were first enacted about a century ago. The fact that a pedestrian was jaywalking can even be used in liability cases to argue that the victim deserves a smaller reward due to their recklessness —even if the accident was entirely the driver’s fault.
You Still Have Rights
Remember that even before this law was enacted, jaywalking was insufficient grounds to arrest someone or search their possessions. If your rights were violated and officers lacked reasonable suspicion to detain you beyond the time it takes to write a ticket, bring this up to your lawyer.
Pretext stops are another reason to work with the right attorney when you have been charged with any crime. Peter M. Liss has 40 years of experience and can help you no matter your situation. Please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation.
